Duty of care
In a personal injury case, you must prove that the other person’s actions meet the four elements of negligence. One of the elements is the duty of care.A duty of care is the standard level of care that a person owes you. This is the standard that a reasonable person in the same position would follow.For example, your employer has a duty of care toward you in the workplace. They must make sure that your workplace is safe for you and their coworkers to be in. When they fail to exercise this duty of care, their actions meet the next element.
Breach of duty of care
The next element is the breach of the duty of care. This happens when the person’s actions fail to meet the standard that a reasonable person would meet for you. When your workplace is filled with unsafe conditions, that is an example of a breach of duty of care on your employer’s part.
Causation
The next element of negligence is causation. This element involves a link between the person’s reckless actions and the harm you experienced. If your employer’s failure to provide a safe working environment caused you to fracture your leg, that is an example of causation.
Damages
The last element that proves the other person’s negligence is the number of damages you’ve experienced. Damages are the impact the other person’s reckless actions have caused you.These damages can be any physical injuries that you’ve suffered, mental anguish, or property damage. You would have to prove that the other person’s actions caused you to experience these damages.
Serious injuries
The harm that the other person has caused you can be serious. You can suffer from more than a sprained ankle or a minor injury. Being involved in an auto accident or a workplace accident can cause you to suffer serious injuries.The other person’s negligence can result in a brain injury, spinal cord injury, or hearing loss. Injuries like these are permanent, and you can’t bounce back from them.
Speak with a San Antonio personal injury lawyer today
At Cesar Ornelas Injury Law, our job is to take care of the details of your case so that you can focus on the things that matter. If you or a loved one have been seriously hurt, fill out our contact form below to schedule your free consultation.